Irvine Trademark Attorneys File Trademark Infringement, Unfair Competition And Declaratory Judgment Lawsuit On Behalf Of Home/Garden Products Manufacturer To Protect Feng Shui Trademark For Fountains

Irvine, CA – Trademark attorneys file trademark infringement, Lanham Act 43(a) unfair competition, and declaratory judgment lawsuit, on behalf of home/garden products manufacturer, in Los Angeles Federal District Court (Santa Ana Division), regarding the Feng Shui USPTO registered trademark. Plaintiff Innovage received a cease and desist letter from the Defendant Style Asia regarding its use of the Feng Shui trademark on its line of home/garden fountains. Style Asia has registered its Feng Shui trademark with the USPTO and threatened Innovage with a lawsuit if it did not cease using the same trademark.

Innovage did not wait for Style Asia to disturb its harmonious, Zen like use of its Feng Shui trademark and instituted a lawsuit against Style Asia. Innovate alleges that it, and not Style Asia, was first to use the Feng Shui trademark and despite Style Asia’s trademark registration, Innovage sued for trademark infringement and unfair competition under section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)). The complaint alleges that Style Asia’s use of the Feng Shui trademark “is likely to cause confusion, mistake and deception of the public as to the identity and origin of its own and of Innovage’s goods, causing irreparable harm to Innovage.” The complaint also asserts a California common law unfair competition claim and alleges that Style Asia took advantage of Innovage’s goodwill in the trademark. Innovage also asks the Court to declare that it does not infringe on Style Asia’s trademark and requests the Court order cancellation of the registration at the USPTO. The case is titled Innovage LLC v. Style Asia, Inc., CV08-00310 JVS (Central District California).